96-17066. Administrative Procedures and Sanctions; Office of Hearings and Appeals Procedural Regulations; Removal of Unnecessary Regulations  

  • [Federal Register Volume 61, Number 130 (Friday, July 5, 1996)]
    [Rules and Regulations]
    [Pages 35112-35114]
    From the Federal Register Online via the Government Publishing Office [www.gpo.gov]
    [FR Doc No: 96-17066]
    
    
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    DEPARTMENT OF ENERGY
    
    10 CFR Parts 205 and 1003
    
    
    Administrative Procedures and Sanctions; Office of Hearings and 
    Appeals Procedural Regulations; Removal of Unnecessary Regulations
    
    AGENCY: Department of Energy.
    
    ACTION: Final rule.
    
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    SUMMARY: The Department of Energy is amending the Code of Federal 
    Regulations (CFR) to apply existing procedural rules to certain 
    petroleum proceedings and to remove unnecessary regulations. This 
    action is being taken in response to the President's Regulatory Reform 
    Initiative to eliminate unnecessary regulations and streamline existing 
    rules.
    
    EFFECTIVE DATE: August 5, 1996.
    
    FOR FURTHER INFORMATION CONTACT: Thomas O. Mann, Deputy Director, 
    Office of Hearings and Appeals, (HG-20), U.S. Department of Energy, 
    1000 Independence Avenue, SW., Washington, DC 20585-0107, (202) 426-
    1492.
    
    SUPPLEMENTARY INFORMATION: In connection with the President's 
    Regulatory Reinvention Initiative, the Department of Energy (Department 
    or DOE) is engaged in a continuing and
    
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    comprehensive review of its regulatory program. As part of that review, 
    the Department is removing from Title 10 of the CFR those regulations 
    for which statutory authority has expired or been superseded by 
    subsequent legislation, and those regulations that are no longer 
    necessary to the agency's mission, as well as regulations governing 
    unfunded and nonfunctioning programs. The DOE has already published 
    final rules removing obsolete regulations on September 22, 1995 (60 FR 
    49195) and December 5, 1995 (60 FR 62316).
        The Department has identified the following regulations for 
    removal:
    
    10 CFR Part 205--Subpart D Exception
    
    10 CFR Part 205--Subpart E Exemption
    
    10 CFR Part 205--Subpart H Appeal
    
    10 CFR Part 205--Subpart I Stay and Temporary Exception
    
    10 CFR Part 205--Subpart J Modification or Rescission
    
    10 CFR Part 205--Subpart R Office of Private Grievances and Redress
    
        Part 205 establishes the procedures to be utilized and identifies 
    the sanctions that are available in proceedings before the Department 
    of Energy concerning the pricing and allocation of crude oil under 
    parts 209 and 214. Parts 209 through 214 implement the provisions of 
    the Emergency Petroleum Allocation Act of 1973 (Pub L. 93-159, as 
    amended) which expired in 1981. The Department has determined that 
    subpart D, subpart E, subpart H, subpart I, subpart J, and subpart R of 
    part 205, which set forth procedures that apply to crude oil 
    regulation, are no longer necessary. Part 205 also provides certain 
    procedural protections required by section 504 of the Department of 
    Energy Organization Act for persons affected by oil-related regulations 
    issued under authority of the Federal Energy Administration Act, the 
    Emergency Petroleum Allocation Act of 1973, the Energy Supply and 
    Environmental Coordination Act of 1974, or the Energy Policy and 
    Conservation Act, 42 U.S.C. 7194. As described below, for the few oil-
    related cases currently under appeal in the courts or the Federal 
    Energy Regulatory Commission, the procedural protections of 10 CFR part 
    1003, which are substantially the same as in part 205, will be 
    available in the event of a remand to the Department.
        The Department is aware of the possibility that, in certain 
    instances, proceedings initiated under 10 CFR parts 209 through 214, 
    and as yet not concluded, may be remanded to the Office of Hearings and 
    Appeals for further proceedings. The Department has, in place, 
    regulations that govern the procedures for exceptions, appeals, stays, 
    modifications, recessions, redress and resolution of private grievances 
    that apply agency-wide, 10 CFR part 1003. To protect the rights of any 
    party to a proceeding remanded to the Office of Hearings and Appeals, 
    today's regulation amends part 205 to provide that a person's right to 
    exceptions, exemptions, appeals, stays, modifications, recessions, 
    redress or resolution of private grievances under the statutes set 
    forth in section 504 of the Department of Energy Organization Act shall 
    be governed by the procedural rules in 10 CFR part 1003. The Department 
    is revising 10 CFR 1003.1 to permit the application of the Office of 
    Hearings and Appeals procedural regulations to matters which relate to 
    the federal oil regulations that are no longer covered by part 205. 
    Finally, the Department is revising 10 CFR 1003.20 to apply to 
    exemptions and adjustments as provided for in 42 U.S.C. 7194.
    
    Rulemaking Analyses
    
    Regulatory Planning and Review
    
        The elimination of unnecessary regulations does not constitute a 
    ``significant regulatory action'' as defined in section 3(f) of 
    Executive Order 12866 (58 FR 51735); therefore, this rulemaking has not 
    been reviewed by the Office of Information and Regulatory Affairs of 
    the Office of Management and Budget.
    
    Federalism
    
        The Department has analyzed this rulemaking in accordance with the 
    principles and criteria contained in Executive Order 12612, and has 
    determined that there are no federalism implications that would warrant 
    the preparation of a Federalism Assessment.
    
    National Environmental Policy Act
    
        This rule amends Title 10 of the Code of Federal Regulations by 
    removing regulations that are unnecessary. This rulemaking will not 
    change the environmental effect of the regulations being amended 
    because the regulations have no current environmental effect. The 
    Department has therefore determined that this rule is covered under the 
    Categorical Exclusion found at paragraph A.5 of Appendix A to Subpart 
    D, 10 CFR Part 1021, which applies to a rulemaking amending an existing 
    regulation that does not change the environmental effect of the 
    regulation being amended.
    
    Paperwork Reduction Act
    
        This rulemaking contains no reporting requirement that is subject 
    to OMB approval under 5 CFR Part 1320, pursuant to the Paperwork 
    Reduction Act of 1980 (44 U.S.C. 3501 et seq.).
    
    Final Rulemaking
    
        As the foregoing discussion indicates, the Code of Federal 
    Regulation subparts being removed are no longer necessary. The 
    procedural protections afforded by these subparts are available under 
    10 CFR part 1003. Accordingly, the Department has determined, pursuant 
    to 5 U.S.C. 553, that there is good cause to conclude that prior notice 
    and opportunity for public comment is unnecessary and contrary to the 
    public interest.
    
    Regulatory Flexibility Act
    
        The Regulatory Flexibility Act, 5 U.S.C. 601 et seq., directs 
    agencies to prepare a regulatory flexibility analysis whenever an 
    agency is required to publish a general notice of proposed rulemaking 
    for a rule. As discussed above, the Department has determined, that 
    prior notice and opportunity for public comment is unnecessary and 
    contrary to the public interest. In accordance with 5 U.S.C. 604(a), no 
    regulatory flexibility analysis has been prepared for today's rule.
    
    Congressional Notification
    
        The Small Business Regulatory Enforcement Fairness Act of 1996 
    requires agencies to report to Congress on the promulgation of certain 
    final rules prior to their effective dates. 5 U.S.C. 801. That 
    reporting requirement does not apply to the final rule in this notice 
    because it falls within a statutory exception for procedural rules that 
    do not substantially affect the substantive rights or obligations of 
    non-agency persons. 5 U.S.C. 804(3)(C).
    
    List of Subjects
    
    10 CFR Part 205
    
        Administrative practice and procedure, Petroleum allocation, 
    Petroleum price regulations.
    
    10 CFR Part 1003
    
        Administrative practice and procedure.
    
        Issued in Washington, DC, on June 28, 1996.
    George B. Breznay,
    Director, Office of Hearings and Appeals.
    
        For the reasons set forth in the preamble, title 10 of the Code of 
    Federal Regulations is amended as set forth below:
    
    [[Page 35114]]
    
    PART 205--ADMINISTRATIVE PROCEDURES AND SANCTIONS
    
        1. The authority citation for part 205 is revised to read as 
    follows:
    
        Authority: Emergency Petroleum Allocation Act of 1973, Pub. L. 
    93-159; Federal Energy Administration Act of 1974, Pub. L. 93-275 
    (88 Stat. 96; E.O. 11790, 39 FR 23185); 42 U.S.C. 7101 et seq., 
    unless otherwise noted.
    
        2. Section 205.1 is revised to read as follows:
    
    
    Sec. 205.1  Purpose and scope.
    
        This part establishes the procedures to be utilized and identifies 
    the sanctions that are available in proceedings before the Department 
    of Energy and State Offices, in accordance with parts 209 through 214 
    of this chapter. Any exception, exemption, appeal, stay, modification, 
    recession, redress or resolution of private grievance sought under the 
    authority of 42 U.S.C. 7194 shall be governed by the procedural rules 
    set forth in 10 CFR part 1003.
        Subparts D, E, H, I, J and R [Removed]
        3. Subparts D, E, H, I, J, and R of Part 205 are removed and 
    reserved.
    
    PART 1003--OFFICE OF HEARINGS AND APPEALS PROCEDURAL REGULATIONS
    
        4. The authority citation for Section 1003 continues to read as 
    follows:
    
        Authority: 15 U.S.C. 761 et seq.; 42 U.S.C. 7101 et seq.
    
        5. The last sentence of Sec. 1003.1 is revised to read as follows:
    
    
    Sec. 1003.1  Purpose and scope.
    
        * * * These rules also do not apply to matters before the DOE Board 
    of Contract Appeals or other procurement and financial assistance 
    appeals boards, which are covered by their own rules.
        6. The first sentence of Sec. 1003.20(a) is revised to read as 
    follows:
    
    
    Sec. 1003.20  Purpose and scope.
    
        (a) This subpart establishes the procedures for applying for an 
    exception or exemption, as provided for in section 504 (42 U.S.C. 7194) 
    of the Department of Energy Organization Act (42 U.S.C. 7101 et seq.), 
    from a rule, regulation or DOE action having the effect of a rule as 
    defined by 5 U.S.C. 551(4), based on an assertion of serious hardship, 
    gross inequity or unfair distribution of burdens, and for consideration 
    of such application by the OHA. * * *
    * * * * *
    [FR Doc. 96-17066 Filed 7-3-96; 8:45 am]
    BILLING CODE 6450-01-P
    
    
    

Document Information

Effective Date:
8/5/1996
Published:
07/05/1996
Department:
Energy Department
Entry Type:
Rule
Action:
Final rule.
Document Number:
96-17066
Dates:
August 5, 1996.
Pages:
35112-35114 (3 pages)
PDF File:
96-17066.pdf
CFR: (3)
10 CFR 205.1
10 CFR 1003.1
10 CFR 1003.20